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� 99 110131
<br /> 3. Taxes, Assessments. To pay, before delinquent, all taxes, special assessments
<br /> and all other charges against the Property now or hereafter levied.
<br /> 4. Insurance. To keep the Property insured against damage by fire hazards
<br /> included with the term "extended coverage" and such other hazards as Lender may
<br /> require in amounts and with companies acceptable to Lender, naming Lender as an
<br /> additional named insured with loss payable to the Lender. In case of loss under such
<br /> policies, the Lender is authorized to adjust, collect and compromise all claims thereunder
<br /> and shall have the option of applying all or part of the insurance proceeds (i)to any
<br /> indebtedness secured hereby and in such order as Lender may determine, (ii)to the
<br /> Trustor to be used for the repair or restoration of the Property , or(iii) for any other
<br /> purpose or object satisfactory to Lender without affecting the lien of this Deed of Trust
<br /> for the full amount secured hereby before such payment ever took place. Any application
<br /> of proceeds to indebtedness shall not extend or postpone the due date of any payments
<br /> under the Note, or cure any default thereunder or hereunder.
<br /> 5. Escrow. Upon written demand by Lender, Trustor shall pay to Lender, in such
<br /> manner as Lender may designate, sufficient sums to enable Lender to pay as they become
<br /> due one or more of the following: (i) all taxes, assessments and other charges against the
<br /> Property: (ii) the premiums on the property insurance required hereunder, and (iii) the
<br /> premiums on any mortgage insurance required by Lender.
<br /> 6. Maintenance,Re�airs and Com�liance with Laws. Trustor shall keep the
<br /> Property in good condition and repair; shall promptly repair, or replace, any improvement
<br /> which may be damaged or destroyed; shall not commit or permit any waste or deteriora-
<br /> tion of the Property; shall not remove, demolish or substantially alter any of the
<br /> improvements on the Property; shall not commit, suffer or permit any act to be done in or
<br /> upon the Property in violation of any law, ordinance or regulation; and shall promptly
<br /> discharge at Trustor's cost and expense all liens, encumbrances and charges levied,
<br /> imposed or assessed against the Property or any part thereof.
<br /> 7. Eminent Domain. Lender is hereby assigned all compensation, awards,
<br /> damages and other payments or relief(hereinafter "Proceeds") in connection with con-
<br /> demnation or other taking of the Property or part thereof, or for conveyance in lieu of
<br /> condemnation. Lender shall be entitled at its option to commence, appear in and
<br /> prosecute in its own name any action or proceedings, and shall also be entitled to make
<br /> any compromise or settlement in connection with such taking or damage. In the event
<br /> any portion of the Property is so taken or damaged, Lender shall have the option, it its
<br /> sole and absolute discretion, to apply all such Proceeds, after deducting therefrom all
<br /> costs and expenses incurred by it in connection with such Proceeds, upon any indebt-
<br /> edness secured hereby and in such order as Lender may determine, or to apply all such
<br /> Proceeds, after such deductions, to the restoration of the Property upon such conditions as
<br /> Lender may determine. Any application of Proceeds to indebtedness shall not extend or
<br /> postpone the due date of any payments under the Note, or cure any default thereunder or
<br /> hereunder. Any unapplied funds shall be paid to Trustor.
<br /> 8. Performance by Lender. Upon the occurrence of an Event of Default here-
<br /> under, ar if any act is taken or legal proceeding commenced, which materially affects
<br /> Lender's interest in the Property, Lender may in its own discretion, but without obligation
<br /> to do so, and without notice to or demand upon Trustor and without releasing Trustor
<br /> from any obligation, do any act which Trustor has agreed but fails to do and may also do
<br /> any other act it deems necessary to protect the security hereof. Trustor shall, immediately
<br /> upon demand therefor by Lender, pay to Lender all costs and expenses incurred and sums
<br /> expended by Lender in connection with the exercise by Lender of the foregoing rights,
<br /> together with interest thereon at the default rate provided in the Note, which shall be
<br /> added to the indebtedness secured hereby. Lender shall not incur any liability because of
<br /> anything it may do or omit to do hereunder.
<br /> 9. Hazardous Materials. Trustor shall keep the Property in compliance with all
<br /> applicable laws, ordinances and regulations relating to industrial hygiene or environ-
<br /> mental protection(collectively referred to herein as "Environmental Laws"). Trustor
<br /> shall keep the Property free from all substances deemed to be hazardous or toxic under
<br /> any Environmental Laws (collectively referred to herein as "Hazardous Materials").
<br /> Trustor hereby warrants and represents to Lender that there are no Hazardous Materials
<br /> on or under the Property. Trustor hereby agrees to indemnify and hold harmless Lender,
<br /> its directors, officers, employees and agents, and any successors to Lender's interest, from
<br /> and against any and all claims, damages, losses and liabilities arising in connection with
<br /> the presence, use disposal or transport of any Hazardous Materials on, under, from or ;
<br /> about the Property. THE FOREGOING WARRANTIES AND REPRESENTATION,
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